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Recently, the US government sued North Carolina over HB2, the restroom bill. I found that the section that describes transgender people remarkably enlightened, and included things that I hadn’t known until entirely too recently. Thus, I’ve included paragraphs 30-42 from the court filing here. (Link to original document.)

  1. Individuals are typically assigned a sex on their birth certificate solely on the basis of the appearance of the external genitalia at birth. Additional aspects of sex (for example, chromosomal makeup) typically are not assessed and considered at the time of birth, except in cases of infants born with ambiguous genitalia.
  2. An individual’s “sex” consists of multiple factors, which may not always be in alignment. Among those factors are hormones, external genitalia, internal reproductive organs, chromosomes, and gender identity, which is an individual’s internal sense of being male or female.
  3. For individuals who have aspects of their sex that are not in alignment, the person’s gender identity is the primary factor in terms of establishing that person’s sex. External genitalia are, therefore, but one component of sex and not always determinative of a person’s sex.
  4. Although there is not yet one definitive explanation for what determines gender identity, biological factors, most notably sexual differentiation in the brain, have a role in gender identity development.
  5. Transgender individuals are individuals who have a gender identity that does not match the sex they were assigned at birth. A transgender man’s sex is male and a transgender woman’s sex is female.
  6. A transgender individual may begin to assert a gender identity inconsistent with their sex assigned at birth at any time from early childhood through adulthood. The decision by transgender individuals to assert their gender identity publicly is a deeply personal one that is made by the individual, often in consultation with family, medical and health care providers, and others.
  7. Gender identity is innate and external efforts to change a person’s gender identity can be harmful to a person’s health and well-being.
  8. Gender identity and transgender status are inextricably linked to one’s sex and are sex-related characteristics.
  9. Most states authorize changing the sex marker on one’s birth certificate, but the requirements for doing so vary and are often onerous. Specifically, many states require surgical procedures. At least one state does not allow persons to change the sex marker on their birth certificates.
  10. Individuals born in North Carolina must have proof of certain surgeries, such as “sex reassignment surgery,” in order to change the sex marker on their birth certificates. N.C. Gen. Stat. § 130A-118(b)(4).
  11. Surgery related to gender transitioning is generally unavailable to children under age 18.
  12. In addition, the great majority of transgender individuals do not have surgery as part of their gender transition. Determinations about such surgery are decisions about medical care made by physicians and patients on an individual basis. For some, health-related conditions or other medical criteria counsel against invasive surgery. For others, the high cost of surgical procedures, which are often excluded from health insurance coverage, present an insurmountable barrier.
  13. Standards of medical care for surgery related to gender transitioning generally advise that transgender individuals present consistent with their gender identity on a day-to-day basis across all settings of life, including in bathrooms and changing facilities at school and at work, for a significant time period prior to undergoing surgery.

Originally published at deirdre.net. You can comment here or there.

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Tyler Glenn of Neon Trees © kobbydagan, used under license

Tyler Glenn of Neon Trees performs on stage at the 2014 iHeartRadio Music Festival Village on September 20 in Las Vegas. Photo © 2014 by kobbydagan and used under license.

Tyler Glenn just released a new song and video, “Trash.” Tyler’s a gay Mormon who had a faith crisis after the LGBT policy change last November. One of the things that most fascinates me is why people leave faiths, and the process people go through, as it’s usually a difficult change that upends a significant part of their lives.

An excerpt from the Rolling Stone piece by Brittany Spanos about his new song and recent life:

At the time Glenn came out in 2014, he was still a believer in the Mormon church, having been raised in the faith, gone on a mission and continued to be a member of the community in Salt Lake City, where he remains. “I always tried to make being gay and being Mormon work,” he says. Glenn had hoped he’d become an ambassador to his church on behalf of more progressive views, until the church confirmed that they would excommunicate members who participated in same-sex relationships. Now, he sees himself as a different kind of ambassador.

“The big problem here is that they claim it’s the only truth,” he says. “There have been over 40 suicides within the church as a result of this policy. These aren’t just grown men and women. Many are children. It’s backwards. It’s not of God. I needed to make this statement to artfully show the pain of a faith crisis and the darkness of doubt, but also that there’s ways to reclaim what is yours.”

One commenter said, “I haven’t witnessed this much righteous anger and passion in a song since Hozier’s ‘Take Me To Church.’

Part of Tyler’s situation is that several months ago, a fifth definition of apostasy was added to the LDS Handbook of Instructions, section 6.7.3. Note that it’s numbered item 4 even though it was added fifth:

LDS apostasy definitions

…[A]postasy refers to members who:
[…]
4) Are in a same-gender marriage.
[…]
Priesthood leaders must take disciplinary action against apostates to protect Church members. […]

Tyler hasn’t resigned, and he’s likely to be excommunicated for a combination of his song and his recent Mormon Stories podcast (linked below). As an example of recent LDS church actions, Bruce Holt was reportedly excommunicated for this single FB post. (more context here)

Tyler said in this interview:

“No, and I won’t resign,” he said. “I think it’s important if they decide to excommunicate me, that they do it in the proper way… I want to see change. I don’t hate the Mormon church, I’m really upset with the system and the idea that they claim it’s from God.”

Trash Video

Video’s here in the Rolling Stone Interview.

For those of you who are LDS and who may be offended by the above video, you may also watch David A. Bednar’s “Choose Not To Be Offended talk on LDS.org.

Purchase/Streaming Links

Tyler Glenn’s Mormon Stories Podcast Episodes

John Dehlin, founder of the Mormon Stories podcast, did a several hour episode (in three parts) with Tyler Glenn recently.

It’s one of the few episodes I’ve listened to in full, and it really talks about what it’s like to be fully in and then have the door slammed in your face like Tyler did last November.

My Interest in Tyler’s Story

As a Californian, one of the things that’s angered me since 2008 is the participation from Mormons in Utah (and the LDS church itself) in passing Prop 8. Back then, Rick wrote an essay on why—even if you agreed that gays shouldn’t marry—it was so difficult to clearly define “male” and “female.” Sex biology is far more complex than most people realize.

Those of us who are LGBT/QUILTBAG or allies are quite horrified about some of the stories coming out about LGBT Mormons and the struggles they face. Earlier this month, 22-year-old Lincoln Parkin took his life. I was heartened to discover people like Virginia, a commenter on the above story:

We are mormons too and I have two gay children who are one of the most wonderful people I know. I thank God everyday for giving them to me. We are 100% behind them for support and love. They are God’s children too. I hope that people can give unconditional love like Jesus did.

If you know LGBT Mormons, or Mormons who have LGBT family, it’s a good time to help ensure that those in faith crises know there are people there who care. People growing up, especially in the Morridor where Mormons are a high percentage of the population and therefore, given LDS values about LGBT people, may not have adequate support systems in place.

Other LGBT Mormon Stories Episodes

Other Mormon Stories podcast episodes featuring other LGBT Mormons and their stories. Note: some of these have some truly dark times in them, and several discuss suicide ideation or attempts.)

There is also the Gay Mormon Stories podcast.

Originally published at deirdre.net. You can comment here or there.

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marriage-bph

As you probably heard, the majority in the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee) ruled against equal marriage.

The dissent is blistering. It starts on p. 43.

Here’s the opening:

The author of the majority opinion has drafted what would make an engrossing TED Talk or, possibly, an introductory lecture in Political Philosophy. But as an appellate court decision, it wholly fails to grapple with the relevant constitutional question in this appeal: whether a state’s constitutional prohibition of same-sex marriage violates equal protection under the Fourteenth Amendment.

And here’s the closing:

More than 20 years ago, when I took my oath of office to serve as a judge on the United States Court of Appeals for the Sixth Circuit, I solemnly swore to “administer justice without respect to persons,” to “do equal right to the poor and to the rich,” and to “faithfully and impartially discharge and perform all the duties incumbent upon me . . . under the Constitution and laws of the United States.” See 28 U.S.C. § 453. If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams.

I’ve seen a few statements of no confidence in the majority opinion before, but none so thorough.

Wow.

One more paragraph, from p. 61 (close to the end):

Moreover, as it turns out, legalization of same-sex marriage in the “nineteen states and the District of Columbia” mentioned by the majority was not uniformly the result of popular vote or legislative enactment. Nine states now permit same-sex marriage because of judicial decisions, both state and federal: Massachusetts, Connecticut, Iowa, New Mexico, and Colorado (state supreme court decisions); New Jersey (state superior court decision not appealed by defendant); California (federal district court decision allowed to stand in ruling by United States Supreme Court); and Oregon and Pennsylvania (federal district court decisions not appealed by defendants). Despite the majority’s insistence that, as life-tenured judges, we should step aside and let the voters determine the future of the state constitutional provisions at issue here, those nine federal and state courts have seen no acceptable reason to do so. In addition, another 16 states have been or soon will be added to the list, by virtue of the Supreme Court’s denial of certiorari review in Kitchen, Bostick, and Baskin, and the Court’s order dissolving the stay in Latta. The result has been the issuance of hundreds—perhaps thousands—of marriage licenses in the wake of those orders. Moreover, the 35 states that are now positioned to recognize same- sex marriage are comparable to the 34 states that permitted interracial marriage when the Supreme Court decided Loving. If the majority in this case is waiting for a tipping point, it seems to have arrived.

Originally published at deirdre.net. You can comment here or there.

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My friend Deana pointed out that, as of today, there are 18 states (plus D.C.) who offer equal marriage, and an additional 7 states where marriages are on hold pending appeals.

That’s half the states, folks.

Plus Illinois will start issuing licenses on June 1, and we’re expecting to hear from Pennsylvania tomorrow.

As a note, I prefer the term “equal” marriage to “gay” marriage or “same-sex” marriage as the latter two erase, among others, those who may feel like they have straight relationships, but their biology is complex.

Source: Wikipedia

Source: Wikipedia

Originally published at deirdre.net. You can comment here or there.

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Note: Fixed link, which was broken initially. Oops!

I don’t know how many of you know who Kate is. I’ve known of her for quite a few years, but it was only a couple of years ago that I realized she was also an ex-Scn.

Here’s a long piece in the Village Voice written when her book A Queer and Pleasant Danger came out. Long story short: she’s one of the few trans* people to come out about their experiences in Scientology, and the first to be really public about it. She transitioned in the 80s. Unbeknownst to her at the time, she legally changed her name to Kate on the very day that L. Ron Hubbard died.

Kate describes, perhaps better than anyone has before, what it was like to become a dedicated Sea Org member during Scientology’s more freewheeling heyday. – Tony Ortega

Of the Sea Org members who’ve worked directly with L. Ron Hubbard in some capacity, Kate’s the third to write and publish their story. (Nancy Many and Jefferson Hawkins are the other two.)

Anyhow, she has lung cancer. Or, more accurately, her lung cancer’s back. She’s got a fundraiser going on. If you’re inclined to donate, here’s the link. If not, I recommend her book.

Kate’s Twitter, where you can verify that link comes from her.

Kate’s blog, which is currently down due to a Typepad DDoS.

Here’s a video of Kate reading from her book.

Originally published at deirdre.net. You can comment here or there.

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A lot of people have said they wouldn’t watch the Olympics because of Russia’s stance on LGBT issues.

It’s been really hard for me, and that’s why I’ve taken so long to write this. In general, I watch only the Olympics when it comes to sports. The last live sporting event I saw was the U.S. Figure Skating Championships when they were in San Jose a couple years back.

I remember being that horse-struck teenager who saved up money from an early job to get lessons from a really great dressage rider. I remember getting to ride an Olympic horse. He had quite the sense of humor, that one.

And I remember later figuring out that winter sports really were my thing even though I don’t particularly like being cold. And that I got in a lot of trouble (which I will write about later) for arranging things to usurp the last slot of a great ice dance teacher. She’d been the partner of a guy who tended to cut the balance a little close; her career had ended when his fall spiral fractured her leg. He later went on to skate in national and international competitions with a subsequent partner. She was stuck standing around in moon boots with people like me trying to do school figures. And stuff.

Sadly, that knee that gives me fits now? If only I’d known it was defective then. I competed on it, which no doubt helped a bunch. Not.

I’ve only ever seen one winter Olympics event live. I happened to have an interview with Alphasmart, who was looking for a Mac programmer. The first round of interviews had gone well. Could I go to the Salt Lake area for a final round? Sure. In February 2002? Absolutely.

Airline tickets for the Olympics were inobtanium at any kind of reasonable price, but I was going to get to go for free? Bonus.

So I asked them to fly me on the first flight out and the last flight back, which they did. I paid for the women’s hockey semifinals ticket. The US won against Sweden, 4-0.

I don’t know how many people I know have ever seriously studied an Olympic sport or ever seriously hoped to compete. I did. I have a clue how much work it is, and that’s why I feel it’s so disrespectful to all the athletes who put in such hard work for so many years to boycott the games — especially since some of them are LGBT.

So here’s my thought: I’m going to root for the countries who have great LGBT policies to win as many medals as possible. And let’s give an extra cheer for all the LGBT athletes, out or not, and hope they win something really special.

I wish it weren’t Russia and fucking Olympics politics again. In 1980, 65 countries boycotted the Moscow Olympics. What’s really struck me, though, is how much freer generally the people in the former Soviet Union are now than they were then—and that’s the other reason a boycott is difficult for me. I remember the stories about how difficult it was for artists, musicians, dancers, and athletes to travel back then.

A lot can change in 34 years, but a lot still has to, too.

Originally published at deirdre.net. You can comment here or there.

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marriage

I’ve never written up the specific incident that made gay marriage/equal marriage so important to me, but I think it’s time. I’ve mentioned some of the benefits I got from being married in my post How I Got Married and Donated a Liver, and allude to this story, but I thought it would be off-point for me to put it into that post. It’s true that I’m one of those socially liberal types and had no problem with gays having equal rights before, but I wasn’t really aboard with marriage (as a civil, legal institution) for anyone until after all this happened.

After Richard died from a stroke, I joined a mailing list for people with a common interest in strokes: medical professionals, survivors, loved ones of people who’d both survived and perished from strokes.

One man on the list had been living with his sweetie, who’d had a stroke. They’d had durable power of attorney for healthcare paperwork signed. His sweetie’s family was very homophobic, so they got the paperwork the couple had signed overruled and banned the man from his sweetie’s hospital and recovery.

Catch is, the sweetie had had long-term memory loss. He couldn’t, for example, remember that he needed to use a walker. So he kept asking his family over and over where his loved one was. Day after day after day, unable to remember the answer he’d gotten. One heartbreak after another.

That? Sounds like hell to me. It’s also incredibly evil on the part of the family.

It made me realize that we really did need a legal relationship for gay couples that was legally stronger than blood. Like marriage is.

So I’m incredibly happy with the four states and their ballot initiatives on gay marriage, and that the tide is really starting to turn in groundshaking ways. Thanks to all of you who support gay rights. May there be fewer situations like the sweetie’s going forward, and, one day, may there be none.

Originally published at deirdre.net. You can comment here or there.

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(Please repost if you're so inclined)

Many of you may have heard about the teen lesbian couple shot in Texas. One of them, Mollie Judith Olgin, was killed; the other, Mary Kristene Chapa, survived but has hospital bills.

A family member has erected a fundraising site for Chapa's medical expenses. If you can do so, I'm sure she'd appreciate the help.
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Article’s here.

“And failing to address the still everyday use of the word “gay” as a playground insult is also inexcusable. Those who do eventually realise that they’re gay find that the word which describes them has been used – unchallenged – as a proxy for anything that’s useless or rubbish for half their childhoods. There’s now firm evidence of the damage it does to young people’s self-esteem.”

Originally published at deirdre.net. You can comment here or there.

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Jim Keller's idea on using "romantic orientation" instead of "sexual orientation." Good idea. Granted, for some people, they're not the same, but in the main case, they likely are.

Video making the point. A kid who's never seen a married gay couple before Gets It.
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1. I went up to RayKo photo the other day to do some black-and-white printing, and saw in their gallery one of Jeff Sheng's photos from his DADT series: photos of closeted LGBT service men and women, photographed in a way that doesn't reveal identity. Some have subsequently come out, but here's his site. The photo I saw was this one, which is stunning in a large print. Interview with the photographer.

2. Got woken up in the middle of the night by a nightmare where Cthulhu came into program ops and wanted to be on panels. I called flare, but when they showed up, Cthulhu ate them. Then he turned his eyes toward me -- and I woke up. Didn't get back to sleep for hours. Funny now, of course, terrifying in the dream itself. (He wanted to be on the "Gimme that Old Time Religion" panel, naturally.)
deirdre: (marriage)
Ninth Circuit tells Imperial County to pound sand. "We have jurisdiction under 28 U.S.C. § 1291, and we affirm the order denying the motion to intervene, and dismiss Movants’ appeal on the merits."

"The district court order denying the motion to intervene is AFFIRMED. Movants’ appeal of the district court order concerning the constitutionality of Proposition 8 is DISMISSED for lack of standing."

Reinhardt about his refusal to recuse himself.

"The chief basis for the recusal motion appears to be my wife’s beliefs, as expressed in her public statements and actions, both individually and in her capacity as Executive Director of the American Civil Liberties Union of Southern California (ACLU/SC). She has held that position for 38 years, during 20 of which we have been married, although over one year ago she announced her retirement effective next month."

"My wife’s views, public or private, as to any issues that may come before this court, constitutional or otherwise, are of no consequence. She is a strong, independent woman who has long fought for the principle, among others, that women should be evaluated on their own merits and not judged in any way by the deeds or position in life of their husbands (and vice versa). I share that view and, in my opinion, it reflects the status of the law generally, as well as the law of recusal, regardless of whether the spouse or the judge is the male or the female.

[...]

"Proponents’ contention that I should recuse myself due to my wife’s opinions is based upon an outmoded conception of the relationship between spouses."

I think I like this Reinhardt fellow. (It really annoys me, as it annoys [livejournal.com profile] rinolj, when he is asked to change my opinions on things.)

On the importance of standing and the relevance in this particular case.

"There can be little doubt that when the Plaintiffs filed this action their purpose was to establish that there was a constitutional right to gay marriage, and to do so by obtaining a decision of the Supreme Court to that effect. Yet, according to what their counsel represented to us at oral argument, the complaint they filed and the injunction they obtained determines only that Proposition 8 may not be enforced in two of California’s fifty-eight counties. They next contend that the injunction may not be appealed but that it may be extended to the remaining fifty-six counties, upon the filing of a subsequent lawsuit by the Attorney General in state court against the other County Clerks. Whether Plaintiffs are correct or not, it is clear that all of this would have been unnecessary and Plaintiffs could have obtained a statewide injunction had they filed an action against a broader set of defendants, a simple matter of pleading. Why preeminent counsel and the major law firms of which they are a part failed to do that is a matter on which I will not speculate."

Ouch!

"In any event, had Plaintiffs sued a broader class of defendants, there clearly would have been parties who would have had standing to appeal the district court’s decision, and who likely would have done so. Even had they not, it might not have been difficult for those interested in defending the proposition to find an intervenor with standing. Imperial County, one of the counties that voted in favor of Proposition 8, sought to intervene, but for some unknown reason attempted to do so through a deputy clerk who asserted her own rights instead of through the Clerk who might have asserted hers. Again, this was a most puzzling legal decision. While we have not ruled as to whether the Clerk would have had standing, we have held that a deputy clerk does not. There are forty-two counties that voted in favor of Proposition 8. Surely had those seeking an intervenor contacted other of those counties instead of relying on Imperial County they could have found a Clerk who would have presented the issue whether a Clerk rather than a deputy has standing."

Yes, that was rather bizarre, wasn't it?

The second opinion requesting clarification from the California Supreme Court. This is both a good thing and a bad thing. Typically, it'll slow down a case by two years, but that may not be true for this specific case. We already know the California Supreme Court's opinion about gay marriage, but this is about whether or not, under California law, the defendants actually have standing to proceed -- as opposed to the federal law the case was filed under.
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I'm thankful for all of you as well as my awesome family and workplace. Thankful I got to go on such an awesome trip to clear up some things for my books.

This post from Rose about why she celebrates Thanksgiving is worth a read.

Glad that even though my car was totaled, everyone's okay. The car had begun to develop "personality" and I was just about to drop money on a brake job, so thankful I didn't do that beforehand. Also, Rick's fine and out of the hospital. He was under observation, but every test turned out okay.

I'm thankful that this internet thing has brought me more awareness of the everyday struggles I don't have, a few of which were listed by Scalzi in this post (though some of those I do have to think about).

[livejournal.com profile] rm posted something interesting about Thanksgiving myths, so here's a repost.

And Rick saved a Daily Show clip that's totally worth reposting. I'm glad there's someone out here to really makes McCain's DADT stance look as ridiculous as it really is. "It gets worse." Brilliant.
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Interesting consequences of a politician's expression of homophobia in Finland.

Religious freedom is relatively new in Finland; members pay taxes to their faith. There is also an opt-out by declaring one's self atheist. That's per what I understood when I was there but isn't apparently accurate.
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Got a chance to watch Water Flowing Together tonight, a movie about Jock Soto, who was the principle dancer of the New York City Ballet for many years. He was one of the last dancers trained by Balanchine.

In addition to talking about ballet, it covers a lot of other subjects: being teased as a gay kid, growing up Puerto Rican and Navajo, and the process of transitioning from a poor family to an international star.

He talks about the tension between his views of living on a reservation as a child vs. his views going back after his retirement from the ballet.

Worth watching.
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Long, and the beginning is a recap of recent suicides, but heart-wrenching and worth listening to, especially for the target audience.



For those who may wish it, Joel has a contact form on his campaign web site.
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For those who haven't heard, the "It Gets Better" project is about having LGBTQI people tell their stories to help reassure teens that it does get better later on in life.

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I'll be wearing purple on October 20 on Spirit Day to support acceptance and non-harassment of LGBTQI youth. Not specifically for the six youth named in that linked post, but all LGBTQI folks who have committed suicide due to being bullied.

I've known at least part of the story of some LGBTQI people I've known, and I thank [livejournal.com profile] rm for sharing her own story in this post.

While I've known several people who've committed suicide, so far as I'm aware, none of them took their own lives for that reason. However, I do have a sense of what that empty hole where a person used to be feels like, so I'll be wearing purple.
deirdre: (marriage)
(this may be updated as I continue to read piecemeal)

"...most people are able to answer questions about their sexual orientation without formal training." (p. 20) (Smartass that I am, my first thought was, "Does that mean some require a dominatrix?")

"For the reasons stated in the sections that follow, the evidence presented at trial fatally undermines the premises underlying proponents’ proffered rationales for Proposition 8." (p. 24) (I love the word proffered.)

"When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough." (p. 24)

"Stier is “maybe the sparkliest person I ever met. * * * [T]he happiest I feel is in my relationship with [Stier.]”" (p. 26) (Love the description of someone, especially amidst formal court language, as "sparkliest.")

"Proponents elected not to call the majority of their designated witnesses to testify at trial and called not a single official proponent of Proposition 8 to explain the discrepancies between the arguments in favor of Proposition 8 presented to voters and the arguments presented in court." (p. 35)

"The court permitted Blankenhorn to testify but reserved the question of the appropriate weight to give to Blankenhorn’s opinions. Tr 2741:24-2742:3. The court now determines that Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight." (p. 39)

"...there is simply too great an analytical gap between the data and the opinion proffered." (p. 45)

"To the extent Blankenhorn believes that same-sex marriage is both a cause and a symptom of deinstitutionalization, his opinion is tautological." (p. 45)

"Blankenhorn’s concern that same-sex marriage poses a threat to the institution of marriage is further undermined by his testimony that same-sex marriage and opposite-sex marriage operate almost identically." (p. 47)

"Blankenhorn agreed that children raised by same-sex couples would benefit if their parents were permitted to marry." (p. 48) (Wait. What?)

"Plaintiffs questioned Miller on data showing 84 percent of those who attend church weekly voted yes on Proposition 8, 54 percent of those who attend church occasionally voted no on Proposition 8 and 83 percent of those who never attend church voted no on Proposition 8." (p. 52) (Wow.)

"Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage." (p. 60)

"Plaintiffs challenge Proposition 8 under the Due Process Protection Clauses of the Fourteenth Amendment. Each is independently meritorious, as Proposition 8 both and Equal challenge unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation." (p. 109)

"Proposition 8 thus enshrines in the California Constitution a gender restriction that the evidence shows to be nothing more than an artifact of a foregone notion that men and women fulfill different roles in civic life." (p. 124)

"Even if California had an interest in preferring opposite-sex parents to same-sex parents —— and the evidence plainly shows that California does not —— Proposition 8 is not rationally related to that interest, because Proposition 8 does not affect who can or should become a parent under California law. FF 49, 57." (p. 128)

"To the extent California has an interest in encouraging sexual activity to occur within marriage (a debatable proposition in light of Lawrence, 539 US at 571) the evidence shows Proposition 8 to be detrimental to that interest. Because of Proposition 8, same-sex couples are not permitted to engage in sexual activity within marriage." (p. 128)

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